Stratergy For Fighting Transfer Petition

Normally, Husband or wife can put transfer petition to transfer the petition from the place where it is initiated to the place of convenience.

If the source place and the destination place are in the same state then transfer petition has to be put in the high court of the same state.

If the source place and the destination place are in the different state then transfer petition has to be put in the Supreme Court.

Typical grounds taken by wife in the transfer petitions are below.

Having a child

Travel is unsafe being a lady

Expenses required for travel

Threat to life at Husband’s place

Husband is very influential in his place

Inconvenience to travel long distance

Counters for the above grounds.

COUNTER OF POINT 1 : One of the parents of the wife can look after the child and another can accompany her. Some of the precedence where this court has taken a similar stand is listed below. (TP (CIVIL) NO.191 OF 2005, TP (CIVIL) NO. 27 OF 2005)

COUNTER OF POINT 2 : Just because she is a lady does not mean that she cannot travel a distance of just 8 hours. Supreme court also accepted this fact recently while disposing the “TP (CIVIL) NOS.117-118 OF 2004” while passing the following order.“The grounds made out are that the Petitioner is an unemployed lady and totally dependent on her uncle and that she will be hard pressed to defend the Suit at Muzaffar Nagar. It is also claimed that there is a Petition for restitution of conjugal rights and certain other proceedings pending in Delhi. In our view, no substantial ground for transfer has been made out. If the Petitioner wishes that all cases be tried at one place, she may apply for the same and we will transfer the cases pending in Delhi to Muzaffar Nagar. Merely because the Petitioner is a lady does not mean she cannot travel to Muzaffar Nagar. At the highest she can be paid expenses for travel and stay. We, therefore, direct that the Respondent shall pay to the Respondent and a companion travel and stay expenses on every occasion that the Petitioner is required to go to Muzaffar Nagar. The Court at Muzaffar Nagar shall ensure that such payment is made to the Petitioner on every occasion. With these directions, the Transfer Petitions are dismissed.”Just because she is a lady does not mean that she cannot travel a distanceof just 8 hours. The respondent wants to bring to the kind attention of the honorable court that in general ladies are misusing the leniency shown by this honorable court in regard to the transfer petition. Supreme court also accepted this fact recently while disposing the “TP (CIVIL) NO.191 OF 2005” while passing the following order.

“Even otherwise, it must be seen that at one stage this Court was showing leniency to ladies. But since then it has been found that a large number of transfer petitions are filed by women taking advantage of the leniency taken by this Court. On an average at least 10 to 15 transfer petitions are on Board of each Court on each admission day. It is, therefore, clear that leniency of this Court is being misused by the women. This Court is now required to consider each petition on its merit. In this case the ground taken by the wife is that she has a small child and that there is nobody to keep her child. The child, in this case, is six years old and there are grand parents available to look after the child. The Respondent is willing to pay all expenses for traveland stay for the Petitioner and her companion for every visit when the Petitioner is required to attend the Court at Delhi. Thus, the ground that the Petitioner has no source of income is adequately met. Except for stating that her health is not good, no particulars are given. On the ground that she is not able to come to Delhi to attend the Court on a particular date, she can always apply for exemption and her application will undoubtedly be considered on its merit. Hence, no ground for transfer has been made out. Accordingly, we dismiss the Transfer Petition. We, however, direct that the Respondent shall pay all travel and stay expenses of the Petitioner and her companion for each and every occasion when she is required to attend the Court at Delhi”.

COUNTER OF POINT 4 : You have to mention that you too face a threat at her place. You need to argue that in that case it should be transferred to a neutral place where both husband and wife can fight the legal battle peacefully. There is a judgment on this. Will be provided on request. Please note that in this case you have to give her travel and staying expenses. But this should be a last ditch effort. You should not mention this point of neutral place in the petition. In case your lawyer feel that judge may transfer the petition then only this method should be used.

COUNTER OF POINT 5 : You have to mention that wife’s family is also influential in their place. You need to argue that in that case it should be transferred to a neutral place where both husband and wife can fight the legal battle peacefully. There is a judgment on this. Will be provided on request. Please note that in this case you have to give her travel and staying expenses. But this should be a last ditch effort. You should not mention this point of neutral place in the petition. In case your lawyer feel that judge may transfer the petition then only this method should be used.

COUNTER OF POINT 6 : The distance between place A and B is not so far that it will cause inconvenience to wife. Some of the precedence where this court has taken a similar stand is listed below. (TP (CIVIL) NO.191 OF 2005, TP (CIVIL) NO. 23 OF 2005, TP (C) No. 61/2005, TP (Civil) No.66 of 2003, TP (CIVIL.) NO(s). 142 OF 2005, TP (CIVIL) NOS.117-118 of 2004).

The team of this NGO are experts in matters related to Transfer petition. We will make useful strategy to make your petition stronger by providing significant judgments to make your case stronger.

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Hello 498a gladiator,
I shall shortly be filing an SLP at the Supreme Court to dismiss the Madras High Court direction to transfer the underlying 498a case from one city to another within Tamil Nadu. I have a few SC citations. Please provide full orders for Counter to point 1, 2 and 6
Regards
parit_29@yahoo.com

HI, sir
my qs. is my husband filed rcr against me and he himself not attand the first heirng, and i want to join him, i got a 1yr baby but he does not mention on his pitition, my husband side lawer say he will not come, i dont know wht does its mean, my husband filed rcr and he is not coming for heiring, what should i do sir i dont want to disrtroy my marriage want to live with my husband but my husband side lawyer misguide him that she may file dawry case agains you dont contact her all types of theretaning he teach him, wht should i do sir where i go sir, can i seek ngo’s help in my case wht should i do plz suggest me.

Disclaimer:

The family of the writer was tortured by the Indian Law which are bias against the Indian Husband. Thousands of 498A, DV Act 2005 & Maintenance cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.